INTRODUCTORY OVERVIEW

Resources

Some additional resources are provided on this page, most of which available FREE of charge. Resources you have to pay for are marked with a £ sign.

Governance Hub

The Governance Hub website provides a wealth of information about governance in the voluntary and community sector. A range of publications are available to download from the site, including:

Governance and Organisational Structures

The Governance Hub commissioned Co-operatives UK to produce this on-line guide about the common organisational and legal structures, including newer forms outlined in the Charities Act 2006: Community Interest Companies and Charitable Incorporated Organisations.

Legal Status

Downloadable pdf (73kb). This easy to read fact sheet is provided by Voluntary Action Sheffield’s legal adviser.

Setting up a Constitution

Downloadable pdf (28kb). Another easy to read fact sheet from Voluntary Action Sheffield’s legal adviser aimed at new groups needing to constitute themselves for the first time.

The National Council for Voluntary Organisations (NCVO) website provides more detailed information on the main options for legal structures, including:

Whatever structure a group decides to adopt, if they have wholly charitable aims and their income and expenditure is likely to be over £5,000 a year, they need to investigate whether they need to register with the Charity Commission. The Charity Commission website provides a wide range of introductory guides and information to help support setting up a new group and choosing the right legal structure, including:

Thinking of registering a charity?

This link provides detailed information on:
- Things to think about before setting up a new charity
- governing Document
- Approved governing Documents
- Model Governing Documents
- Example Objects
- Registration Pack
- CRB disclosures
- Associated Publications
- FAQ

Companies House

Companies House is the government body responsible for administering and enforcing the requirements of the Companies Act 1985 and the updating legislation contained in the Companies Act 1989. It incorporates and dissolves limited companies; examines and stores company information delivered under the Companies Act and related legislation; and makes this information available to the public.

Companies House Guidance Booklets

Links to introductory and expert guidance on setting up as a company.

Community Interest Company (CIC)

Groups wanting to register as a company can now use this new form of company designed specifically for organisations set up with social or public benefit aims. Searches for existing Community Interest Companies can be made from the website.

Community Interest Company (CIC) Briefing Pack

Downloadable pdf (65kb) guide to Community Interest Companies.

Model constitutions for CICs

Samples of model constitutions for Community Interest Companies are available from the above link.

Governance and legal structures podcast

Visit this site for a new series of resources available for download - recordings of short interviews with trustees, advisers and chief executives on a range of governance topics. The first here is a conversation with Charlie Cattell, legal structures adviser. He discusses CICs, CIOs and his personal views on the importance of the right legal structure in good governance.

A social enterprise is not a separate legal structure. Being a social enterprise is determined by how a group generates profits and what it does with them. When establishing a social enterprise it is important to consider the options for legal structures carefully to ensure the one chosen is the most suitable in terms of ownership, management style and image.

Guidance on the different types of legal structures for social enterprises can be found at:

Business Link

This on line guidance outlines the various legal forms a social enterprise might use.

Social Enterprise Coalition (SEC)

This downloadable pdf (4,093kb) guide provides basic definitions, some more detailed information and case studies surrounding the legal and financial aspects of social enterprise.